Ram Das Raigar vs State Of Rajasthan (2024:Rj-Jd:39211)
2024 Latest Caselaw 8326 Raj

Rajasthan High Court - Jodhpur

Ram Das Raigar vs State Of Rajasthan (2024:Rj-Jd:39211) on 21 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:39211]                       (1 of 3)                        [CW-15497/2024]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 15497/2024
1.       Ram Das Raigar S/o Ramniwas Regar, Aged About 61
         Years, R/o 135, Regar Mohalla, Sawaimadhopur,
         Rajasthan.
2.       Brijmohan Koli S/o Devi Lal, Aged About 61 Years, R/o
         Ward No. 33, Brahmpuri Mohalla, Sawaimadhopur,
         Rajasthan.
3.       Meghraj Koli S/o Chouthamal Koli, Aged About 62 Years,
         R/o  Brahampuri     Mohalla,  Near    Of   Gurudwara,
         Sawaimadhopur, Rajasthan.
                                                                       ----Petitioners
                                         Versus
1.       State Of Rajasthan, Through Principal Secretary, School
         Education Department, Govt. Secretariat, Rajasthan,
         Jaipur.
2.       The Director, Secondary Education, Rajasthan, Bikaner.
3.       The Director, Elementary Education, Rajasthan, Bikaner.
4.       State Of Rajasthan, Through Its Additional Chief
         Secretary,   Department Of  Finance,  Secretariat,
         Rajasthan, Jaipur.
5.       The Director, Treasury                 And      Accounts        Department,
         Rajasthan, Jaipur.
6.       The Director, Department Of Pension And Pensioners
         Welfare, Rajasthan, Jaipur.
                                                                     ----Respondents


For Petitioner(s)              :     Mr. Hans Raj Nimbar
                                     Mr. Bhupesh Charan



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

21/09/2024

1. Learned counsel for the petitioners submits that the

controversy involved in the present case is squarely covered by a

judgment dated 21.07.2023 of this Court at Jaipur Bench rendered

in a batch of writ petitions led by S.B. Civil Writ Petition

[2024:RJ-JD:39211] (2 of 3) [CW-15497/2024]

No.21/2020 (Vijay Singh vs. State of Rajasthan & Ors.). The

operative part of the said order is reproduced as under:-

"41. Hence, looking to the binding effect of above judgment of Hon'ble Apex Court in the case of C.P. Mundinamani(supra) and All India Judges Association(supra), it is held that the petitioners would be entitled to get the benefits of increment falling due on1st July on account of their conduct for the requisite length of time i.e. one year. The petitioners would be entitled to get notional payment on 1st July, notwithstanding their superannuation on 30th June.

42. The respondents are directed to consider the caseof the petitioners afresh in the light of the observations made hereinabove and thereafter grant notional increment to the petitioners. The petitioners' pension would consequently be refixed. The appropriate orders be issued and the arrears of pension be paid to the petitioners within a period of three months from the date of receipt of certified copy of this order.

43. With the aforesaid directions, all these petitions stand disposed of.

44. Stay applications and all applications (pending, if any) also stand disposed of"

2. Learned counsel, therefore, prays that the petitioners may

be permitted to file a detailed representation before the

competent authorities for redressal of their grievances.

3. In view of the above, the present writ petition is disposed of

with liberty to the petitioners to file a representation to the

competent authorities of the department and the competent

authorities of the department are directed to decide the same

within a period of four weeks from the date of receipt of such

representation, keeping in mind the law laid down by this Court in

the case of Vijay Singh (supra).

4. The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

[2024:RJ-JD:39211] (3 of 3) [CW-15497/2024]

veracity of the submissions made in the petition and only in case

the averments made therein are found to be correct, the

petitioners would be entitled to the relief.

(VINIT KUMAR MATHUR),J 24-SunilS/-

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